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DC Pulse
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Feds Tells Justices US Citizen Lacks Interest In Spouse's Visa
The U.S. State Department told the U.S. Supreme Court on Friday that U.S. citizens don't have a constitutional right to know why consular officers deny their spouses' visas, saying that any requirement to provide an explanation would raise national security concerns.
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Sotomayor, Jackson Dissent As Court Rejects Capital Cases
In a pair of dissents, Justices Ketanji Brown Jackson and Sonia Sotomayor on Monday broke with a majority of their colleagues on the U.S. Supreme Court who declined to hear two death penalty cases.
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Microsoft, Walmart CLOs Recognized For Integrity, Creativity
The legal chiefs at Microsoft and Walmart are among about a dozen leading corporate lawyers who soon will be recognized at the Burton Awards as "Legends in Law" for their track records of addressing complex matters and creativity in solving challenges.
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Justices Won't Nix FDA Labeling Preemption For State Claims
The Supreme Court on Monday let stand lower court findings that the unique authority of the federal Food and Drug Administration preempted and, therefore, justified dismissing a proposed class action that alleged a Johnson & Johnson subsidiary broke Massachusetts law by misbranding Lactaid drug products as dietary supplements.
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Justices Revive 7 Immigration Appeals After Hardship Ruling
The U.S. Supreme Court on Monday granted certiorari in seven cases and remanded all of them in light of its recent ruling that circuit courts have the authority to review hardship determinations in immigration appeals.
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Consumer Class Action Trio Joins Morgan Lewis From Crowell
Morgan Lewis & Bockius LLP said Monday that it has added three partners from Crowell & Moring LLP to its consumer class action and product liability practice.
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Squire Patton Names Global Litigation Practice Co-Chair
Squire Patton Boggs LLP announced Monday that partner Scott A. Kane, who previously managed its Cincinnati office, has been appointed a co-chair of the firm's global litigation practice.
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Justice Thomas Misses Monday's Supreme Court Arguments
U.S. Supreme Court Justice Clarence Thomas was absent Monday for oral arguments examining disputes over whether accepting illegal gratuities without a quid pro quo is prohibited under a federal bribery statute and what test courts should apply when determining whether malicious prosecution claims can proceed.
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Justices Allow Class Action Over ATM Fees To Proceed
The U.S. Supreme Court on Monday declined to review a D.C. Circuit decision affirming class certifications in a long-running ATM fee dispute, which Visa and Mastercard claimed created a circuit split over the correct standard of review courts should use when considering certification motions.
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High Court Passes On Tenants' Debt Collection Dispute
The U.S. Supreme Court on Monday declined to consider a Ninth Circuit ruling that revived a suit filed by tenants who hit a California law firm with a Fair Debt Collection Practices Act suit.
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Fed. Circ.'s Fight With Newman: A Year In Review
One year has passed since it came to light that the Federal Circuit's judges were investigating whether their colleague, U.S. Circuit Judge Pauline Newman, was mentally competent to remain on the court. In that time, Judge Newman has garnered support from many in the patent community, but has faced a series of setbacks in her legal challenges.
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Fed. Circ.'s Competency Feud With Newman Turned Personal
A year after the Federal Circuit publicly acknowledged its investigation into U.S. Circuit Judge Pauline Newman's mental and physical competency, the nonagenarian still refuses to follow the court's medical testing orders and remains determined to reclaim her seat on the bench.
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Petition Watch: Judge DQs, 'Excessive' Damages & Price Wars
A former al-Qaida member has asked the U.S. Supreme Court to clarify disqualification protocol for judges overseeing a case related to their prior work as a government attorney, and energy drink manufacturers want the court to develop a modern-day test to determine if companies qualify as price-discrimination competitors. Here's four high court petitions filed recently that you might've missed.
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Judge Pauline Newman's Year In Her Own Words
April 14 marks the one-year anniversary of when the Federal Circuit confirmed an unprecedented investigation into whether U.S. Circuit Judge Pauline Newman was mentally and physically competent to remain on its bench, and the judge has not been allowed to hear cases during that time. Here is what she had to say about the investigation in an interview with Law360.
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Law360's Legal Lions Of The Week
Reichman Jorgensen Lehman & Feldberg LLP and Bryan Cave Leighton Paisner LLP lead this week's edition of Law360 Legal Lions, after an Illinois federal jury found that Amazon owes $525 million in damages for infringing three patents covering cloud data storage technology.
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Up Next At High Court: Jan. 6, Gratuities & Ineffective Attys
The U.S. Supreme Court will return Monday for the term's last two weeks of oral arguments, during which it will consider whether the U.S. Department of Justice can use the Sarbanes-Oxley Act to prosecute defendants accused of storming the U.S. Capitol on Jan. 6, 2021, and the correct standard courts should apply when reviewing malicious prosecution claims.
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Seward & Kissel Launches Private Credit Practice Group
Seward & Kissel LLP has formally launched a practice group dedicated to private credit matters, a fast-growing area of law for its attorneys, the firm announced this week.
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Law360 Pulse's Spotlight On Mid-Law Work
Hagens Berman being named interim lead counsel of a rent price-fixing proposed class action and Seward & Kissel's work on a finance industry acquisition lead this edition of Law360 Pulse's Spotlight On Mid-Law Work, recapping the top matters for Mid-Law firms from March 29 to April 12.
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DC Circ. Upholds Jan. 6 Rioter's 52-Month Sentence
The DC Circuit on Friday affirmed a judgment and 52-month sentence against a Texas militia leader who pled guilty to assaulting a law enforcement officer during the Jan. 6 riot at the U.S. Capitol, saying the judge had acted within his discretion in applying certain enhancements.
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White & Case Blazes With Series Of M&A Lateral Hires
White & Case LLP in recent months has become a virtual magnet for attracting top-notch laterals working in mergers and acquisitions, with the firm aggressively moving to hire partners in one of the legal industry's most competitive and elite job markets.
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Voir Dire: Law360 Pulse's Weekly Quiz
Law360 Pulse covered the biggest legal news this week, including new reports on law firm attrition, gender parity in law firms' real estate practice groups, and first quarter law firm combinations. Test your legal news savvy here with Law360 Pulse's weekly quiz.
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Justices Back Property Owner In Dispute Over Permit Fees
The U.S. Supreme Court ruled Friday that a $23,420 local traffic impact fee charged to a California property owner's rural manufactured home isn't exempt from scrutiny as a Fifth Amendment taking simply because the charge is allowed by legislation.
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Justices Limit Shareholder Suits Over Corporate Disclosures
A unanimous U.S. Supreme Court on Friday ruled that a corporation's failure to disclose certain information about its future business risks, absent any affirmative statement that would make such silence misleading, cannot itself be the basis of a private securities fraud claim.
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High Court Keeps Arbitration Exemption's Focus On Workers
The U.S. Supreme Court held Friday that distributors who delivered Tastykake, Wonder bread and other baked goods to retailers may qualify for an exemption from the Federal Arbitration Act that could let them keep their wage-and-hour suit in court.
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Leonard Leo Rebuffs Senate Judiciary Committee Subpoena
Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee, served influential conservative and longtime Federalist Society executive Leonard Leo with a subpoena on Thursday as part of his U.S. Supreme Court ethics probe, which Leo is refusing to comply with.
Expert Analysis
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Burnout Prevention Requires Effort From Attys And Firms
To avoid physical and emotional exhaustion, attorneys must respect their own and their colleagues' personal and professional boundaries, but law firms must also play a role in discouraging burnout culture — especially if they are struggling with attorney retention, say attorneys at Lowenstein Sandler.
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How I Owned My Power As An Asian American Woman In Law
Gibson Dunn's Debra Yang shares the bumps in her journey to becoming the first female Asian American U.S. attorney, a state judge and a senior partner in BigLaw, and how other women can face their self-doubts and blaze their own trails to success amid systemic obstacles.
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Successful In-House Alt Legal Services Start With 4 Questions
Law firms that are considering creating an in-house alternative legal service provider should focus not on recapturing revenue otherwise lost to outside vendors, but instead consider how a captive ALSP will better fulfill the needs of their clients and partners, say Beatrice Seravello and Brad Blickstein at Baretz & Brunelle.
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3 Reasons To Embrace Jargon In Legal Marketing Content
Ignore what you've been told about jargon — adding insider industry terms to your firm's marketing and business development content can persuade potential clients that you have the specialized knowledge they can trust, says Wayne Pollock at Law Firm Editorial Service.
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Future Lawyers Expect DEI Commitments Beyond Recruiting
To attract future lawyers from diverse backgrounds, firms must think beyond recruiting efforts, because law students are looking for diversity, equity and inclusion initiatives that invest in employee professional development and engage with students year-round, says Lauren Jackson at Howard University School of Law.
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Series
Ask A Mentor: How Can Law Students Build Real-World Skills?
Allison Coffin at Akin Gump discusses how summer associates going back to school can continue to develop real-world lawyering skills by leveraging the numerous law school resources that support professional development both inside and outside the classroom.
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How Firm Leaders Can Build And Sustain Culture
In uncertain and challenging times, law firm leaders can build and sustain culture by focusing attention on mission, values and leadership development, and applying a growth mindset across their firms, says Scott Westfahl at Harvard Law.
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The Case That Showed Me The Value Of E-Discovery Plans
Robert Keeling at Sidley reflects on leading discovery in the litigation that followed the historic $85 billion AT&T-Time Warner merger and how the case highlighted the importance of having a strategic e-discovery plan in place.
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Opinion
CLE Accreditation Should Be Tied To Learning Outcomes
Given the substantial time and money lawyers put toward mandatory continuing legal education, CLE regulators and providers should be held to accreditation standards that assess learning outcomes, similar to those imposed on law schools and continuing medical education providers, says Rima Sirota at Georgetown Law.
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Why You Should Leverage AI For Privilege Review
While many lawyers still believe that a manual, document-by-document review is the best approach to privilege logging, certain artificial intelligence tools can bolster the traditional review process and make this aspect of electronic document review more efficient, more accurate and less costly, say Laura Riff and Michelle Six at Kirkland.
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Persuading The Court With Visual Aids In Written Argument
Robert Dubose at Alexander Dubose describes several categories of visuals attorneys can use to make written arguments easier to understand or more persuasive, and provides tips for lawyers unused to working with anything but text.
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BigLaw Vs. Mid-Law Summer Programs: The Pros And Cons
There are major differences between BigLaw and Mid-Law summer associate programs, and each approach can learn something from the other in terms of structure and scheduling, the on-the-job learning opportunities provided, and the social experiences offered, says Anna Tison at Brooks Pierce.
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Series
Ask A Mentor: How Do I Take Time Off?
David Kouba at Arnold & Porter discusses how attorneys can prioritize mental health leave and vacation despite work-related barriers to taking time off.
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Law Firms Must Prioritize Mental Health In Internal Comms
The traditional structure of law firms, with their compartmentalization into silos, is an inherent challenge to mental wellness, so partners and senior lawyers should take steps to construct and disseminate internal action plans and encourage open dialogue, says Elizabeth Ortega at ECO Strategic Communications.
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Our Current Approach To Trial Advocacy Training Is Lacking
The key to trial advocacy is persuasion, but current training programs focus almost entirely on technique, making it imperative that lawyers are taught to be effective storytellers and to connect with their audiences, says Chris Arledge at Ellis George.